Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1887-10-04
LOCAL NEWS

LOCAL NEWS
For this .ection colder, fair weather, fresh 10
se westerly winds, veering t. northWes'oF'E
Nth frosts IN western Virginia.
WARD MEETINGS will be he d TO nlgs. i-
choose delegates to the convention "h' ca
to meet in this city on Saturday i:a',i -
nominate candidate for the Legis'i'i afv.
Tho meetings will be held in the u9,,&'
p!aces as fellows First waEd, Concotuln Z
Hall Second ward Mayors Office Ihird
yard cid Court Honse; Fourth "eid,
Friendship Engine House
MECHANICS LIENS important Decision
q, Juee 10 1856, Summers & BIZ
,., Il a waena ior Johu w Peake at a cost
so % and u few days afterwards a. r.
.,es the wagon 10 Is owner before ftf
va, pad o. July 5tb, 1856, ". (
.ert Obtained u judgment against Pc Ike
We'd The execution on The wagon N
A. possession, aD,: ca July 10. 1886
lia..er, 4 Bro levied q distress warran7
n. wagon 20 enforce their lien for re-
und claimed That their lien was supe-
H.. 10 lhsl Of Vincent The case was triei
81. ,5.s term Of the Circuit Court. MIR. +. l..
,m,lh yeprs sented Summers u Bro. and MIR.
a. i Mushbach represented Vincent.
J.ls, Keith on Thursiay last delivered the
.,acuil9 opinion
-antlrfs 4 Bro.
y Opinion of Court.
~ ieaSe ct al.
Keith, H., September Term, 1887.
lilo 50 e que. tiou in this case arises upon
10. construction OF CT Gct of Assembly ep-
.ye,i FEB -, 1880, and found in Session
for ;he protection OF mechanics by giving
them IT lea on articles repaired" 1t seems
tia. cake had placed wagon st the re-
pair shops OF Summers y Bro, vino repaired
the same and the wagon Was afterwards de
liyered up to Peake.
summers Il Bro. undoubtedly had 9 lien
upon the wagon st common law for the cost
OF the repairs put upon it. This common
law lien continued only so long as the arti-
Gle remained liz the possession Of the me-
cnauic II was lost az soon as the article
repaired was returned TO lis owner. The
-,a.u.o referred % is, ] thiuk, Geclsratory
merely Of Tho common law, 60 far as the
au mentioned liz the statute is con-
,erntd Il does net enlarge tho right
II in5 ,1ccaaric. Il authorizes him
10 ;e.aia tto article repaired until
Tie amount due for repairs is paid and
thea provides chat unless psid within thirty
da,s after il Is due, tle mechanic may have
the same comedies FOR the enforcement Of
he lien as are given By existing law 10
Iaa.iio7!s for tue collection OF rent.
/; is argued that this not only gives The
rlmeGy 0y distress warrant, which Is true,
tul tina, il continues The ljei: Of The maeian
&c ro- thirty days after 80 has parted Tith
tae possession OF ths property repaired, N
analop' ;n ne right %; be !auG!2:d "a puf-
.uct ho orousi ) Of t6e feuaTe provided Il
hss 10; teen removed fen tie leased PIE
,Di-es more lhar thirty days. Ia ibis con
s,ruetion can not concur. |; strikes ne as
canfonuding TIC RICH; and the rem g. The
remed, is The warrant OF distress n the
property 20 DO levia; or under .ir warrant
is OF the very essence of lhn -igh', saG .aia IS
clearly shosn bg the consideration l.-l &c
remedy bg distress might, & the hegsiar.'-e
saw e., be ie!;en tcoGa ihe lSndioli, provided
an equally citiricaj remedy were sal'-.i .ated
hu ~ act of the Legislature dtnrte5Ug and
lords o: the risht to pursna nr,ne.iY re-
moved from tho icssed premises ,,ew pro
yd4d by statute, would - 20 existing cen
tracts ne null end void
Thu FIRST clause os tho ac5 IN question
measures the ;isht i. g., he mechenic may
hold the property repaired anti! the amount
iue fr repairs Is paid The secoud clause
ofthe statute gives the remedy "a wit, by
warrant Of distress. Any INSTRUMENTATION
even thu law were susceptible Of it. would
lead To great confusion and By rendering it
dangerous ID deal in articles which had
heeu the subject OF repair and against which
secret i:ans might be assessed. would prose
embarrassing and injurious.
The construction which l have placed
upon the law can affect the rights Of no one
ijuuously. The mechanic is safe under it,
o' he has Tie fisht 10 retain possession OF
the property repaired and has prompt and
eilic ent remedy for the enforcement Of the
lieu. The pubic will not be injured, FOR the
retention OF ;ae possession of personal pro.
perty, rs some ons osher than tho owner, is
sufficient 10 Put AL persons intending to
d-al with respect to such property upon in
ql!ry a. to the rights OF the person in pos.
session thereof.